Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- 16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System
- 17 The Threefold Fictitiousness of Intellectual Property
- 18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
- 19 Open Yet Secret – Trading of Tangible Goods and Trade Secrets
- 20 From Smörgåsbord to New Nordic Cuisine: EUHarmonization of Trade Secrets Protection in the Nordic Countries
- 21 Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
- 22 Legal Concept of “Exhaustion”: Exhausted?
- 23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP
- 24 “Accessory Exhaustion” – and Use of a Work as a Work
- B IP Overlaps
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
17 - The Threefold Fictitiousness of Intellectual Property
from A - Intellectual “Property” and its Limits
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- 16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System
- 17 The Threefold Fictitiousness of Intellectual Property
- 18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
- 19 Open Yet Secret – Trading of Tangible Goods and Trade Secrets
- 20 From Smörgåsbord to New Nordic Cuisine: EUHarmonization of Trade Secrets Protection in the Nordic Countries
- 21 Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
- 22 Legal Concept of “Exhaustion”: Exhausted?
- 23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP
- 24 “Accessory Exhaustion” – and Use of a Work as a Work
- B IP Overlaps
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
To Annette Kur, the contributors to this Festschrift, and many other academics around the globe, intellectual property (IP) is a topic fascinating enough to merit lifelong attention. In this chapter – dedicated to Annette as a sign of deep gratitude and admiration for all her support and inspiration during my academic life – I claim that the fascination displayed by IP cannot be reduced to its economic and political significance or a peculiar predisposition of IP academics, such as a particular interest in innovation, the arts, or market communication. Instead, I suggest that IP is a theoretically, doctrinally (→ coherence) and practically fascinating, eminently dynamic (→ transition) body of law because it constitutes, as has often been remarked in passing, a “fiction”,2 and fictions are, in and beyond the law, powerful and stimulating imaginations.3
- Type
- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 224 - 231Publisher: Cambridge University PressPrint publication year: 2021